1 CGHC010107082026 2026:CGHC:36667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 759 of 2026 1 - Anjali Dhruv Wd/o Late Dilharan Dhruv Aged About 28 Years R/o Kuaanpali, Bartori, Thana- Belha, District- Bilaspur (C.G.) 2 - Misti Dhruv D/o Late Dilharan Dhruv Aged About 1 Years (Son), Minor, Hence Through His Natural Guardian And Mother Smt. Anjali Dhruv Wd/o Late Dilharan Dhruv. R/o Kuaanpali, Bartori, Thana- Belha, District- Bilaspur (C.G.) 3 - Sarwan Kumar Dhruv (Dead/deleted) Nil ... Appellants versus 1 - Ishwar Yadav S/o Late Deeplal Yadav Aged About 45 Years R/o Village- Charaiya, Thana Soni, District- Jamui (Bihar) Current Resident - Yadunandan Nagar, Tifra, District- Bilaspur (C.G.) (Driver Of Vehicle Trailer No. C.G.-10/BM-5111) 2 - Hanuman Minerals Through- Jitendra Bajaj, Age-34 Years, R/o Ward No. 03, Bilha, Thana- Bilha, District- Bilaspur (C.G.) (Owner Of Vehicle Trailer No. C.G.-10/BM-5111) 3 - The Branch Manager The New India Insurance Company Ltd., Branch Office- Second Floor, Rama Trade Centre, Uti Building, In Front Of Rajeev Plaza, Tahsil And District- Bilaspur (C.G.) (Insurer Company Of Vehicle Trailer No. C.G.-10/BM-5111) ... Respondents For Appellants : Mr. B.S. Rajput, Advocate For Respondent No.3 : Mr. Qamrul Aziz, Advocate. Digitally signed by HEERA LAL SAHU Date: 2026.08.18 10:36:45 +0530 2 For Respondents No.1 & 2 : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (17.08.2026) 1. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act of 1988") by the appellants/claimants assailing the award dated 23.07.2025 passed by learned 7th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.), in Claim Case No.1256/2023, whereby the Tribunal has awarded a total compensation of Rs.20,22,384/- on account of the death of Dilharan Dhruv, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 22.08.2023. 2. Learned counsel appearing for the appellants submits that the Tribunal has wrongly assessed the income of the deceased as Rs. 9,960/- per month, whereas the claimants pleaded the income of the deceased as Rs. 15,000/- per month, as the deceased was working in a clothes shop. He further submits that the Tribunal failed to grant the requisite enhancement of 10% towards the conventional heads, namely loss of estate, funeral expenses, and consortium, in terms of the law laid down by the Hon'ble Supreme Court. It is, therefore, submitted that the compensation awarded under the conventional heads deserves suitable enhancement in accordance with the settled principles of law. 3. Per contra, learned counsel appearing for respondent No.3/Insurance Company supports the impugned award and submits that the compensation awarded by the Tribunal is just, fair and reasonable and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties at length, considered their rival submissions and carefully perused the entire record. 3 5. A perusal of the record reveals that the claimants have failed to adduce any evidence to substantiate the alleged income of the deceased. In the absence of documentary proof, the learned Claims Tribunal rightly determined the deceased's income at ₹9,960/- per month, in accordance with the minimum wages notification issued by the Labour Department for an unskilled labourer as of the date of the accident (22.08.2023). The assessment thus suffers from no infirmity and is just, fair, and proper. 6. Upon perusal of the impugned award, it is evident that the Tribunal has awarded Rs.16,500/- towards loss of estate, Rs.16,500/- towards funeral expenses and Rs.44,000/- towards loss of consortium, aggregating to Rs.1,21,000/- under the conventional heads. As per National Insurance Co. Ltd. v. Pranay Sethi, reported in (2017) 16 SCC 680, the fixed amounts prescribed under the conventional heads, namely Loss of Consortium, Loss of Estate, and Funeral Expenses are subject to a 10% enhancement every three years. Given that the accident occurred on 22.08.2023, two triennial cycles (2020 and 2023) fell due prior to the date of the accident. The learned Tribunal, however, erred in law by applying the 10% escalation only once instead of twice, thereby resulting in an under-assessment of the awarded compensation under the conventional heads. Accordingly, the amounts payable towards loss of estate and funeral expenses stand enhanced to Rs.18,000/- each, while the amount payable towards loss of consortium comes to Rs.48,000/-. 7. It is also not in dispute that there are two claimants. Hence, all the claimants shall be entitled towards loss of consortium of Rs.48,000/- each, totalling Rs.96,000/-. 8. Thus, the compensation payable under the conventional heads is recomputed as under: Loss of Estate : Rs.18,000/- 4 Funeral Expenses : Rs.18,000/- Loss of Consortium (Rs.48,000/- × 2) : Rs.96,000/- Total : Rs.1,32,000/- 9. Since the Tribunal has already awarded Rs.1,21,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.11,000/- (1,32,000 – 1,21,000) under the said heads. 10.Consequently, the appellants/claimants shall be entitled to an additional/enhanced compensation of Rs.11,000/- over and above the amount awarded by the Tribunal. The enhanced amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition till the date of its actual realization. The remaining terms and conditions of the impugned award shall remain unaltered. 11.Accordingly, the appeal stands partly allowed and the impugned award is modified to the aforesaid extent. 12.The Registry is directed to communicate the claimants in writing “the enhanced/additional amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu